Court affirms inclusion of multiple sclerosis under RPWD Act, ensuring reservation benefits for affected candidates
In a landmark judgment, the Delhi High Court has upheld the inclusion of multiple sclerosis as a "specified disability" under the Rights of Persons with Disabilities Act, 2016 (RPWD Act), ensuring reservation benefits for candidates suffering from this condition. The decision came in response to a writ petition filed by the Staff Selection Commission (SSC), challenging the Central Administrative Tribunal's order favoring Preeti Vaid, a candidate with multiple sclerosis who was denied reservation under the PwD category.
The bench, comprising Justices C. Hari Shankar and Vinod Kumar, emphasized the need for inclusive interpretations of the RPWD Act, which aims to bring as many persons with disabilities as possible within its ambit. The court asserted that restrictive interpretations are contrary to the Act's objectives.
The case arose when Preeti Vaid applied for the Combined Level Graduate Examination 2021, conducted by the SSC, under the PwD category. Despite clearing all selection tiers, her candidature was rejected during document verification due to the non-recognition of multiple sclerosis as a qualifying disability. Vaid's disability certificate, issued by the Department of Empowerment of Persons with Disabilities, showed a cumulative disability of 45%, including 30% for multiple sclerosis.
The Tribunal, in its judgment, had allowed Vaid's application, directing her appointment against a PwD vacancy. The SSC's writ petition contested this decision, arguing that multiple sclerosis was not covered under Section 34(1) of the RPWD Act. However, the High Court clarified that multiple sclerosis is indeed a specified disability under Clause 4(a)(i) of the Act's Schedule, entitling candidates with a benchmark disability of 40% or more to reservation benefits.
The court further explained that Section 34(1) of the RPWD Act mandates a 4% reservation for persons with benchmark disabilities in government service. The term "person with benchmark disability" refers to individuals with not less than 40% of a specified disability, as defined in the Act's Schedule.
The judgment highlighted the SSC's advertisement for the examination, which included multiple sclerosis as a qualifying disability, reinforcing the Tribunal's decision. The court also referenced precedents from the Supreme Court, advocating for interpretations of the RPWD Act that align with its inclusive philosophy.
In conclusion, the Delhi High Court dismissed the SSC's writ petition, affirming the Tribunal's decision and ensuring that Preeti Vaid receives the benefits entitled under the RPWD Act. This judgment marks a significant step towards the empowerment and inclusion of persons with disabilities in India.
Bottom line:-
Persons with Disabilities (PwD) - Multiple sclerosis qualifies as a "specified disability" under the Rights of Persons with Disabilities Act, 2016 (RPWD Act), entitling candidates suffering from it to reservation benefits, provided the disability equals or exceeds the benchmark of 40%.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Section 34(1), Section 2(r), Section 2(z)(c), Clause 4(a)(i) of the Schedule
Union of India v. Preeti Vaid, (Delhi)(DB) : Law Finder Doc id # 2937791
